The Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this chapter. In the issuance of subpoenas, administration of oaths
and taking of testimony, the provisions of the County and Municipal
Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
In exercising the above-mentioned powers, the
Board of Adjustment may reverse, affirm or modify the action appealed
from in accordance with N.J.S.A. 40:55D-74.
[Amended 3-4-2003 by Ord. No. 2003-23]
A. Any variance from the terms of this chapter hereafter
granted by the Board of Adjustment permitting the erection or alteration
of any structure or structures or permitting a specified use of any
premises shall expire by limitation unless such construction or alteration
shall have been actually commenced on each and every structure permitted
by the variance or unless such permitted use has actually been commenced
within one year from the date of entry of the judgment or determination
of the Board of Adjustment; except, however, that the running of the
period of limitation herein provided shall be tolled from the date
of filing an appeal from the decision of the Board of Adjustment to
a court of competent jurisdiction until the termination in any manner
of such appeal or proceeding; except, further, that in the case of
a variance which also involved a subdivision or site plan approval,
the variance shall extend for the full period of preliminary or final
approval or any extension thereof pursuant to the Municipal Land Use
Law.
B. Should the applicant fail to obtain the necessary
permit or permits within such twelve-month period or, having obtained
same, should he fail to commence work thereunder within such twelve-month
period, it shall be conclusively presumed that the applicant has waived,
withdrawn and abandoned his application, and all permissions, variances
and permits shall be deemed automatically rescinded by said Board
of Adjustment.
[Added 11-5-2007 by Ord. No. 2007-99]
C. Should the applicant commence construction or alteration
within said twelve-month period and fail to complete such construction
or alteration within said twenty-four-month period, the Board of Adjustment
may, upon 10 days’ notice in writing to the applicant, rescind
or revoke the granted variance or the issuance of the permit or permits,
or other action authorized, if the Board of Adjustment finds that
no good cause appears for the failure to complete within such twenty-four-month
period and if the Board of Adjustment further finds that conditions
have so altered or changed during the interval since the granting
of the variance, permit or action that revocation or rescission of
the action is justified.
[Added 11-5-2007 by Ord. No. 2007-99]
[Added 11-5-2007 by Ord. No. 2007-99]
A. The Board shall render its decision not later than
120 days after the date an appeal is taken from the decision of an
administrative officer or the submission of a complete application
for development to the Board.
B. Failure of the Board to render a decision within such
one-hundred-twenty-day period or within such further time as may be
consented to by the applicant shall constitute a decision favorable
to the applicant.
C. In the event that the developer elects to submit separate
consecutive applications, the one-hundred-twenty-day provision shall
apply to the application for approval of the variance. The period
for granting or denying any subsequent approval shall be as otherwise
provided in this chapter. Failure of the Board to act within the prescribed
time period or within such further time as may be consented to by
the applicant shall constitute a decision favorable to the applicant.
D. Failure of a motion to approve an application for
development to receive the number of votes required for approval shall
be deemed an action denying the application.